F19FOX's UE diary

[Joanna Connolly Solicitors]

thanks to the SAR response, Barclays have sent me a copy of a letter dated 27th May 2016 which says a default has been registered on my account. Interestingly in that letter it says, and I quote, 'we previously sent you a Default Notice'... BUT they have not supplied a copy of that letter in the SAR response.

Also there is no reference in any of the SAR correspondence to Link Financial. So I am not 100% certain when the debt was assigned to them but I do have a copy of a letter I sent to Link on 18th Oct 2016 to set up the £1 per month payment arrangement. So I would presume that it would have been assigned to Link on or around 30th Sep 2016.

Original creditors tend not to keep a copy of the actual Default Notice or Notice of Assignment (often sent by the assignee on their behalf) but you need to check the Transaction Log in your SAR response to see if it's noted in that.

The debt purchasers frequently reconstitute DNs and NOAs but they have to be 'honest and accurate' which is sometimes a challenge for them since they don't always have access to the original creditors' information depending on the conditions agreed in the Deed of Assignment.

Di

[F19FOX]

Original creditors tend not to keep a copy of the actual Default Notice or Notice of Assignment (often sent by the assignee on their behalf) but you need to check the Transaction Log in your SAR response to see if it's noted in that.

The debt purchasers frequently reconstitute DNs and NOAs but they have to be 'honest and accurate' which is sometimes a challenge for them since they don't always have access to the original creditors' information depending on the conditions agreed in the Deed of Assignment.

Di

Thank you Di

That makes sense. I have just waded painstakingly through the large wad of paperwork Barclays have sent me. They have not supplied any transaction log and there is no mention in the whole lot of Link Financial. Here is a summary of the sections that they have sent me from my SAR:

1. Cover letter
2. pages and pages and pages of statements of the credit card in question along with two previous Barclaycards that I once had
3. Debt Manager letter section - has just four letters in it. One is the letter I have referred to which informs me that a default has been registered on my account, the second is an acknowledgement of my repayment offer (ie £1 per month), the third is to confirm my standing order for the £1 per month and the fourth is another acknowledgement of my repayment offer (ie £1 per month)
4. DMSAR001 - a one pager with details of when my card was issued, valid from, expiry date and my name
5. Triumph report - another one pager with some internal codes on it

Nothing at all about my letters to them, my calls to them or any correspondence with Link

So it looks to me that Barclays have not fully complied with the SAR?!?

I'd be delighted to see what you think Di

[Warwick65]

If I may interject briefly

When I originally sent a SAR to capital One all they really sent me as statements but in the cover letter it did say if I wanted more just to write again. I think they were expecting a PPI reclaim

I did write again and got everything including an account from a previous address that was closed and two new accounts , But the main point was, the second time around I did get the log saying when calls were made, letters written, when the account was closed and when it was sold - although in my case it didn't say who to and the date was different to the date Lowell claimed to have bought it.

There was no mention (if memory serves) of Lowell

[Roger]

Barclays have set up a GDPR Team in Leicester.
Their letters are specifically headed up General Data Protection Request.
General is what you've got!
If you used Niddy's template it specifically says
".. In line with article 15 of the General Data Protection Regulation 2018 (GDPR) I hereby formally request
that you provide me a copy of all information held about me on your systems, in paper format or other
means.
This is a data subject request so please send me everything that you hold about me to my home address
as detailed above: .."

The advice is to Head the Letter up
SAR & GDPR 2018

So you have been fobbed off with a generic GDPR when you have specifically requested SAR and everything!

[F19FOX]

Hi Warwick65 and Roger,

Thank you both for your comments. I did use Niddy's template letter word for word when making the SAR request to Barclays so it did request everything that Barclays hold about me. Also the SAR response has, as you rightly point out Roger, come from the Barclays GDPR team in Leicester. So it looks like my letter went to the right place in Barclays but I'm just shocked at how little information they have provided. Only 3 years ago I had a mortgage with Barclays and that is not mentioned either as well as various current accounts (not that I wanted them to send me data for those accounts!). But how can they not send me any correspondence from me? No copies of any letters, emails or phone calls. I know there were many made over the years.

Their cover letter does funnily enough have a couple of sentences which say, 'if you were expecting more information than we've enclosed, please let us know. You'll need to provide specific details to help us to locate what you want, and include the reference at the top of this letter'

Surely when I have asked for everything and used Niddy's template word for word then I should not need to ask again for specific information? Also do I really want to be telling them what the specific information I want them to supply is? I would like to see the CCA, default notices and communication with Link but if I highlight these areas to them surely I risk showing my hand as it were?

I'm tempted to sit tight and wait for Link's next move and see if they manage to supply a CCA. What does anyone else think please?

Thanks

[Roger]

Write back to Barclaycard enclose a copy of your request (Niddy's template) and a copy of the following SAR request (its the AAD template excluding the £10 reference)
Why wait on Link find out for yourself

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements. Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. For the avoidance of any and all doubt, I reiterate: I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like). Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action. You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

[Joanna Connolly Solicitors]

I did use Niddy's template letter word for word when making the SAR request to Barclays . . .

I'm tempted to sit tight and wait for Link's next move and see if they manage to supply a CCA. What does anyone else think please?

I agree.

Sit tight and wait for Link's next move

Di

[The Tech Clerk]

sit on your hands see what next

[The Tech Clerk]

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.????????????????? sent before 25th May ??????

[F19FOX]

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.????????????????? sent before 25th May ??????

Thanks The Tech Clerk for your posting. I'm not entirely sure what you are referring to but I'm guessing it's my SAR request to Barclays?? I did indeed send it recorded delivery and no it was not before 25th May .. I sent in on 11th June 2018 so it was a GDPR request and I used Niddy's GDPR template.

I have however decided to sit tight at the moment and not do any more, awaiting to see what I hear back from Link in regards my CCA request.

I'm not sure either what happened but I did post on here yesterday and that post seems to have disappeared along with one from you. I think maybe the site had problems late last night as I couldn't access it?? Anyway no worries as it all seems to be working again now.

Thanks

[Joanna Connolly Solicitors]

I'm not sure either what happened but I did post on here yesterday and that post seems to have disappeared along with one from you. I think maybe the site had problems late last night as I couldn't access it?

There was a temporary technical blip with the website last night. This could explain your vanishing post.

What did it say?

Di

[Joanna Connolly Solicitors]

I'm guessing it's my SAR request to Barclays?? I did indeed send it recorded delivery and no it was not before 25th May .. I sent in on 11th June 2018 so it was a GDPR request and I used Niddy's GDPR template.

I have however decided to sit tight at the moment and not do any more, awaiting to see what I hear back from Link in regards my CCA request.

Perhaps your SAR request was sent a little prematurely because you want to see if there is any dialogue between Link and Barclaycard in relation to your (recent) CCA Request which should show up in the Transaction Log.

Perhaps the delay will turn out to be a blessing in disguise

Di

[The Tech Clerk]

Thanks The Tech Clerk for your posting. I'm not entirely sure what you are referring to but I'm guessing it's my SAR request to Barclays?? I did indeed send it recorded delivery and no it was not before 25th May .. I sent in on 11th June 2018 so it was a GDPR request and I used Niddy's GDPR template.

I have however decided to sit tight at the moment and not do any more, awaiting to see what I hear back from Link in regards my CCA request.

I'm not sure either what happened but I did post on here yesterday and that post seems to have disappeared along with one from you. I think maybe the site had problems late last night as I couldn't access it?? Anyway no worries as it all seems to be working again now.

Thanks

then no charge and they have 30 days to respond! not the old £10 charge and 40 days to respond

[F19FOX]

Perhaps your SAR request was sent a little prematurely because you want to see if there is any dialogue between Link and Barclaycard in relation to your (recent) CCA Request which should show up in the Transaction Log.

Perhaps the delay will turn out to be a blessing in disguise

Di

Thanks Di,

Yes I think perhaps I was a bit premature .. I hadn't anticipated Link would be sooooooo slow in responding .. I am assuming that I can always go back to Barclays in a few months time (assuming Link have responded to my CCA by then) and ask for additional information, such as the transaction log, that they have not provided as a result of my SAR/GDPR request?

And to answer your other query .. it was an acknowledgement posting to thank you, Roger and The Tech Clerk for your help and to agree that I would wait for Link's response to my CCA rather than go back to Barclays to ask for additional information from my SAR/GDPR request

I hope that all makes sense

[F19FOX]

then no charge and they have 30 days to respond! not the old £10 charge and 40 days to respond

Ah OK thanks The Tech Clerk for clarifying